Home Case Index All Cases GST GST + HC GST - 2019 (7) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (7) TMI 1378 - HC - GSTGrant of Bail - offence punishable under Sections 132 of the Central Goods and Service Tax Act, 2017 and 467, 471 and 120B of the Indian Penal Code - It is the submission of learned counsel for the applicant that on the basis of false case, applicant is in confinement since 6.2.2019 - HELD THAT:- This is a case where the applicant is facing heat of investigation under Section 132 of the Act. Section 132 of the Act prescribes punishment for certain offences and maximum sentence which can be awarded, is five years. Section 167 (2) of the Cr.P.C provides 60 days time to the investigating agency to submit charge sheet for the offences where investigation relates to any offence other than total imprisonment for life or imprisonment for a term of not less than 10 years - Here the maximum sentence punishable is imprisonment for five years therefore, respondent had to file the charge sheet within 60 days. But admittedly, charge sheet has not been filed, therefore, right of `default bail' accrued to the applicant after completion of 60 days. It was the duty of the investigating agency to submit charge sheet within the stipulated period, but same has not happened. This application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of ₹ 5,00,000/- - Application allowed.
|